Executioner's Song, The - Norman Mailer [219]
He would still be in existence after he was dead. It all seemed part of a logical discussion. Esplin finally said, "Gary, we can see your point of view, but we still feel duty bound to go ahead on that appeal."
When Gary said again, "What can I do about it?" Snyder answered, "Well, I don't know."
Gary then said, "Can I fire you?"
Esplin said, "Gary, we'll make the Judge aware that you want to can us, but we're going to file anyway."
They parted on pretty good terms.
Noall Wootton was up in San Francisco at a national homicide symposium.
Went there, as he put it, to learn how to prosecute murder cases, and they even gave him a certificate. He was going to have his wife join him for a few days and have a little fun, but word from his office took care of that. Wootton's secretary phoned to say that Gary Gilmore was going to withdraw his motion for a new trial. He was not going to appeal. He wanted to be executed and Snyder and Esplin were damn upset. Didn't know what their ethical position was supposed to be. Wootton concluded he had better get back. Who knew what con's trick Gilmore had come up with? Wootton couldn't remember a ploy like this before.
The courtroom on November 1 offered a quiet scene. There not many people seated, and Gary's speech to the Judge, everything considered, was, Wootton thought, kind of open and courteous. It was still off the wall. Wootton got permission from Judge Bullock to make a few inquiries:
MR. WOOTTON Mr. Gilmore, has your treatment in prison thus far at the Utah State Prison influenced your decision in any way?
MR. GILMORE No.
MR. WOOTTON How about your treatment at the Utah County jail?
MR. GILMORE No.
MR. WOOTTON Now you have been represented by two attorneys who are paid by Utah County. Do you understand that?
MR. GILMORE Yes.
MR. WOOTTON Are you satisfied with the counseling they have given you and the representation that they have made for you?
MR. GILMORE Not entirely.
MR. WOOTTON In what way, sir?
MR. GILMORE I'm satisfied with them.
MR. WOOTTON So the way they have represented you hasn't necessarily had any influence on your decision, is that correct?
MR. GILMORE That's my own decision. It's not influenced by anything other than the fact that I don't care to live the rest of my life in jail. That doesn't mean this jail or that jail, but any jail.
MR. WOOTTON Has anyone else influenced your decision other than your own thoughts, sir?
MR. GILMORE I make my own decisions.
MR. WOOTTON Are you under the influence of any alcohol or drugs or other intoxicants at this time?
MR. GILMORE No. Of course not.
MR. WOOTTON Have you been under the influence of any such thing, sir, in the course of your thoughts concerning this decision?
MR. GILMORE No. I'm in jail. They don't serve beer, whiskey, or anything.
MR. WOOTTON Sir, in your own judgment, do you feel that you are mentally and emotionally competent to make this decision at this time?
MR. GILMORE Yes.
MR. WOOTTON Do you make any claims of being insane or mentally disturbed at this point?
MR. GILMORE No. I know what I'm doing.
MR. WOOTTON Sir, would you request that the Court extend the execution date beyond the normal appeal time in order to give you additional time to think this decision out?
MR. GILMORE I'm not going to think differently about it at any time.
DESERET NEWS
Slayer Wants To Keep Death Date
Provo (AP) Nov. 1-Unless he changes his mind and appeals, or the courts and the governor intervene, a 35-year-old parolee convicted of murdering a hotel clerk will keep his Nov. 15 execution date.
"You sentenced me to die. Unless it's a joke or something, I want to go ahead and do it," Gilmore said yesterday.
Fourth District Court Judge Bullock told Gilmore he could still change his mind and appeal, and an attorney for Gilmore said he would prepare appeal papers just in case Gilmore decides to appeal.
DESERET NEWS
Houdini Didn't Show
Nov.-Halloween was a disappointment to groups trying to make contact with the spirit of escape artist Harry Houdini who died on Halloween 50 years ago, Several magicians